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HomeMy WebLinkAbout02-03-10In The Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: ESTATE OF GLENN W. BLACK, ~ `-~ -_7-._~ deceased No. ~/ - (~ ~ 03 (n ~ -~ 4 ~:~' ' ~~~ Late of Dickinson Township : `,;~ ~~ ~' ~ r '~' ' '`' PETITION SUR APPEAL FROM PROBATE -~-~ ~ ~ © :~.~~ , TO THE HONORABLE JUDGES OF SAID COURT: The petition of Linda Black Davis for a citation directed to Laverne C. Black, to show cause, if any there be, why Letters Testamentary issued to the said Laverne C. Black should not be revoked and the probate of the Will of Glenn W. Black should not be reversed, respectfully represents the following: 1. 2. Petitioner is Linda Black Davis ("Linda"), one of five children of Glenn W. Black ("the decedent"). The decedent, Glenn W. Black, died on March 29, 2009 and on April 16, 2009 Decedent's will dated June 9, 2004 was admitted to probate by the Register of Wills of Cumberland County and Letters Testamentary were issued to Laverne C. Black ("Laverne"). 3. The decedent's first wife, the mother of Laverne, Linda and their three siblings, died on April 10, 1996, and the decedent married his second wife, Jean, in August of 1997. 4. Shortly after their mother's death, and before their father's remarriage, Laverne visited Linda on several occasions to complain about the unfairness of a provision in their parents' then-existing reciprocal wills, which required Laverne to pay each of Laverne's siblings 1/10th of the value of Black's Water Conditioning. 5. Black's Water Conditioning, originally the decedent's business, was joined by Laverne, who eventually became part owner and carried on the business after the decedent's retirement. 6. Requiring Laverne to pay each of his siblings 1/10th of the value of Black's Water Conditioning would result in dividing the decedent's half of the business, equally, among his five children. 7. On these occasions Laverne would complain to Linda in words to the effect of "where does he expect me to come up with that kind of money?" 8. During the year 2000, because the decedent and his second wife were experiencing tensions in their marriage, the decedent conveyed his farm and his half of Black's Water Conditioning to Laverne, in an effort to protect these assets from any possible claims in the event of divorce. 9. Shortly before or after conveying the farm and his half of the business to Laverne, the decedent telephoned Linda to inform her of his plan to balance these gifts, by revising his will to devise one of his three rental properties to each of his three daughters. Decedent asked Linda to discuss this plan with her sisters and then get back to him and let him know whether they would consider that fair. 10. All three of the decedent's daughters then visited the decedent to assure him that they accepted the proposed arrangement as fair. At this meeting the decedent also explained that his will would provide for his residence to be purchased by Laverne with the proceeds to be paid to his other son, Larry. 11. These instances reflect the decedent's habitual efforts to treat his children equally, as when, over the years, he had helped one or another of his children financially, he would make a point to give an equal amount to each of his other children. Weakened Intellect 12. During 2003, the year before the death of his second wife, Jean, the decedent's mental deterioration became increasingly evident. 13. After the decedent's first wife died, Linda and her husband made a regular routine of going out to eat with him. from time to time, and this continued after his marriage to Jean. Usually, the decedent would drive, and he and Jean would pick up Linda and her husband. However, by late 2003, the decedent began to become so confused in finding his way to the restaurant, or home again, that Linda and her husband took over the driving, picking up the decedent and his wife for their meals out together. 14. During the second half of 2003, Linda and her husband, on several occasions, observed Jean driving the decedent, even when they rode in his own vehicle, which would have been out of the question six months earlier. 15. Because of the nature of his business, decedent had previously known his way around the countryside with practiced familiarity. 16. Although the decedent had always been a notably informed and talkative man, who delighted in argumentative debate, particularly on the topics of religion, the Bible and politics, during 2003 he had become quieter, more vague and confused in answering questions, having more trouble remembering things. He was no longer "a talker." 17. In mid-November of 2003, concerned about the decedent's mental decline, Linda suggested to the decedent's wife, Jean, that he should see a doctor. 18. In late February of 2004, the decedent and his second wife, Jean, drove to Florida for their customary annual vacation, where Jean died. 19. Upon learning of Jean Black's death, Laverne and his son immediately flew down to Florida to take over arrangements from the decedent and to drive him back home. 20. The decedent's judgment was so impaired that he had believed it would be appropriate to drive back to Pennsylvania with his deceased wife's corpse in the back of his automobile. 21. After the decedent's return from Florida, Laverne's wife took over his checkbooks and Laverne and Linda agreed that the decedent's obvious mental confusion required medical attention. 22. The decedent was tested over the following weeks and ultimately diagnosed by Dr. O. McBeth, who prescribed Aricept, as treatment for Alzheimer's disease. 23. Initially, Dr. McBeth gave the decedent low-dose samples of Aricept. 24. On June 10, 2004, the day after the decedent executed the challenged last will and power of attorney, Laverne, or his wife, filled the decedent's prescription for 10 mg. Aricept, to be taken once per day. 25. Thereafter, Linda and Laverne's wife, Shirley, taking turns, shared the responsibility of seeing that the decedent took his Aricept pill each day after one or the other of them prepared his dinner. 26. In the summer of 2004, a few months after Jean's death, and not long after making the contested will, the decedent was invited to visit Jean's sister in Arizona, and he announced that he would drive himself, which he believed he could do in a single day's drive. 27. Over the course of several meals shared together, Linda's husband tried to disabuse the decedent of this notion, showing him maps and using a calculator to demonstrate that he would have to drive non-stop at 100 miles per hour to reach Arizona in a single day, which the decedent had difficulty accepting. 28. Ultimately, Laverne's wife, Shirley, arranged for the decedent to take an airplane to visit his late wife's sister, including provisions for airport assistance to lead him to and from the plane. 29. The visit was cut short at the insistence of Jean's sister, who complained of the decedent's inappropriate behavior, which was completely out of character. 30. Laverne's secretary, Joan Emlett, remembers several occasions after decedent's wife died, when he would come across the street from his home to the office of Black's Water Conditioning wearing his Sunday best, and explaining that he was waiting for a ride to church, on weekdays. 31. By the next year, the decedent was unable to find his way back from the rest room to the family's table at a local restaurant. 32. In February of 2006, the family was no longer able to take care of him at home, and the decedent was admitted to the Elmcroft facility (then Outlook Pointe) in Dillsburg. Confidential Relation 33. From the time of Jean Black's death in March of 2004, the decedent often seemed confused and distracted, and he was increasingly dependent upon Laverne and his wife, who lived close by. 34. Laverne and his wife had taken control of the decedent's checkbook, without objection, immediately after the decedent's return home from Florida, after his wife's death in early March of 2004. 35. The decedent's power of attorney of June 9, 2004, appoints Laverne his agent, with the power and authority to make a gift to himself of absolutely all of the decedent's earthly possessions. Substantial Benefit 36. The decedent's will of June 9, 2004 does not require Laverne to pay 1/10th of the value of Black's Water Conditioning to each of his siblings, and the will also devises the decedent's three rental properties to Laverne, and the will also grants Laverne the right to purchase the decedent's residence, worth over $200,000, from the estate for $64,000, all of which are substantial benefits to Laverne over the decedent's earlier estate plan. WHEREFORE, the petitioner prays this Court issue a Rule directed to the executor of the Estate of Glenn W. Black to show cause, if any there be, why Letters issued to him upon the said decedent's Will dated June 9, 2004 should not be revoked and the will declared invalid as having been procured by Undue Influence. Respectfully submitted, Saidis, Flower & Lindsay Dated: a `3 ~ n By: Thomas E. F ower, Esq. Attorney for the petitioner S. Ct. No. 83993 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 In The Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: ESTATE OF GLENN W. BLACK deceased No. Late of Dickinson Township VERIFICATION I, Linda Black Davis, hereby verify that the statements made in the foregoing petition are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. DATED: ~~~-~.~ i?'(~ a S By~ ~-~ L~' ~ ~~~ L' da Black Davis Petitioner In The Court of Common Pleas of Cumberland County, Pennsylvania Orphans' Court Division In re: ESTATE OF GLENN W. BLACK, deceased No. Late of Dickinson Township CERTIFICATE OF SERVICE On this 3rd day of February, 2010, I, Thomas E. Flower, hereby certify that I served a true and correct copy of the foregoing Petition Sur Appeal from Probate, upon James D. Hughes, Esquire, attorney for the Respondent Executor, by placing a copy of same in the United States Mail, first class, postage prepaid, addressed as follows: James D. Hughes, Esquire Salzmann Hughes 354 Alexander Spring Rd. Suite 1 Carlisle, PA 17013 By: SAIDIS, FLOWER & LINDSAY CI~M,~- Thomas E. Flower, Esquire S. Ct. Id. #83993 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 Attorney for the Petitioner